Is Social Isolation in the Workplace Illegal?
When it comes to events outside of work—that is, outside of work hours, or outside of the physical confines of your actual office—many bosses and employers think that “anything goes.” After all, once you’re not in the office, you are free to do what you want and associate with whom you want.
For some employees, this atmosphere can create problems when they are left out of social functions or events. Those problems may be emotional–but they can also have a direct effect on your job status.
Imagine an employee who is never invited to the office’s regular Friday happy hours, or the yearly holiday party, or any random event where the boss is having a get-together. At each event the same employees are included, and the same employees are always excluded.
Is this legal discrimination?
Protected Class or Not?
If you’re not a member of a protected class, then there is no legal obligation for your employer to include you in out-of-office social events and get together.
By protected class, it means you’re a woman, or pregnant or have a disability, or you’re being excluded because of age or nationality or race or religion. Or, you feel that you’re being retaliated against in some way,
But if you are a member of a protected class, and you start to believe that your exclusion from outside of work social events is based on your being a member of one of those classes, then social exclusion may, in some cases, be illegal harassment and discrimination.
Affecting Your Work Status
Being excluded from out-of-work activities, can form the basis for illegal discrimination, if you are a protected class, and where the social exclusion has affected you in some way, in the office or with your status at work. In other words, the harm must be more than just hurt feelings—it must be affecting your advancement in the company.
So, for example, if you are a female and you are constantly excluded from Friday happy hour with the CEO, and as a result, you keep getting passed over for promotions, while the male employees who do attend the happy hours are getting promotions and advancements, you may have an actionable discrimination claim.
If you are, say, a black employee excluded from a holiday party where the company CEO is there, and you miss out on making that connection or introducing yourself to what would be a vitally important contact, while similarly situated white employees were invited and did make that contact, that could be discrimination.
Hostile Work Environments
Exclusion from social activities can also contribute to a hostile work environment.
So, for example, if you are a racial minority, and your co-workers are constantly making racially insulting jokes, and then also excluding you from office parties, gatherings and get togethers, taken as whole, you may start to have the makings of a hostile work environment claim.
Discrimination and harassment at work can be more subtle than you may think. Contact the San Jose employment law attorneys at the Costanzo Law Firm today.
Source:
pmc.ncbi.nlm.nih.gov/articles/PMC9490697/
